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Terms & Conditions
TrekCafe.com Has Been Evaluated And Approved By Guardian eCommerce™

These Terms and Conditions of Service were last updated on the following date: [7th January 2008]

This document relates to the following domains owned and operated by TrekCafe Ltd:  

TrekCafe.com

1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of TrekCafe Internet Limited, a company registered in Israel under registration no. 514062132 ("TrekCafe", "TREKCAFE", "we" or "us"), in relation to this site and the services offered by TREKCAFE through it (the "TREKCAFE Service"). You must take the time to read and understand it. By using our website or registering for the TREKCAFE Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time.

2. Types of membership People who register for the TREKCAFE Service become "Members". They must be 18 years of age or considered adults by law.

. Members may:

  • Publish Their name and other details in the contacts page, profiles page and other editable pages on the TREKCAFE Service;
  • Send messages to any other TREKCAFE members and / or contacts whose email addresses they know and have themselves added to the TREKCAFE Service manually or by means of a directly incorporated list of email addresses
  • Receive messages in their TREKCAFE mailbox;
  • Receive our newsletters and emails
  • Send unlimited "Wink!" messages to other Members from the TREKCAFE Service
  • Access unlimited picture and video storage1
  • Read content on the TREKCAFE Service's Forums and add postings to Forums.
  • Use advanced searching tools


TrekCafe is not an internet service provider; in order to use the TREKCAFE Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Member Accounts, Passwords, and Security

You have an opportunity to register with the site to become a Member. During registration you will be asked to choose a member ID and password. You are responsible for keeping your member ID and password confidential. You are completely responsible for any and all activity occurring through the use of your account. You agree to notify via email and/or writing TrekCafe.com of any actual or suspected unauthorized use of your account and/or password. Neither TrekCafe.com will be responsible for any loss to you arising from your failure to comply with the above. You acknowledge that you are fully financially responsible for any and all uses of the Website by your member ID and/or password.

You undertake to register for the TREKCAFE Service using accurate and current information about yourself - including your correct name, email address and any other requested details. You also undertake only to add yourself to a location on the TREKCAFE Service which you have either visited, are currently visiting, or plan to visit in the future. It is the user's responsibility to maintain accurate information regarding their contact and location details, for example: hotel and flight details, as well as timings.

The content of the profile you provide on registration for the TREKCAFE Service, as subsequently amended and added to, will be available to all Members of and visitors to the TREKCAFE Service, unless you specify in the Privacy options for your TREKCAFE Service account that you wish your profile only to be viewable by either Members or friends.

The fact that your TREKCAFE profile has been added or updated, as well as a short extract from the title page of your TREKCAFE profile, may be automatically notified to third party tracking websites/weblogs (thus increasing the traffic to the TREKCAFE Service, and potentially to your own TREKCAFE profile). This can also be prevented by specifying (in the Privacy options) that you wish your profile only to be viewable by either Members or friends. If you do so, this will prevent subsequent notifications to third party tracking websites/weblogs, but notifications prior to the time when you make the change to your profile’s Privacy options may continue to appear on those websites/weblogs.

TREKCAFE profiles may be searchable through third party web-sites with which we partner – such as sites for which we provide a social network service. Again, if you want to prevent your profile appearing in this kind of search, you can specify that your profile should only be viewable by either Members or friends (in the Privacy options).

4. Website Access

I. TREKCAFE grants you permission to use the TREKCAFE Service as set out in this Agreement, provided that:

  • You may use the TREKCAFE Service solely for your personal, noncommercial use;
  • You will not copy or distribute any part of the TREKCAFE Service in any medium without TREKCAFE's prior written authorization;
  • You will not alter or modify any part of the TREKCAFE Service.
  • You otherwise comply with this Agreement.



II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that accesses the TREKCAFE Service in a manner that sends more request messages to the TREKCAFE Service's servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, TREKCAFE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. TREKCAFE reserves the right to revoke these exceptions either generally or in specific cases.

5. Intellectual Property Rights

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

 

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

 

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Service.

 

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

 

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any service or site is at your sole risk.

6. User Submissions

The TREKCAFE Service may now or in the future permit the submission of videos, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.

You shall be solely responsible for User Submissions made by you or through your TREKCAFE Service account ("Your User Submissions") and the consequences of posting or publishing them, and in respect of Your User Submissions, you:

  • represent and warrant that you are fully entitled to grant that license;
  • grant us a non-exclusive, royalty-free, irrevocable and perpetual license to copy, modify, distribute, show in public and create derivative works from Your User Submissions both as part of the TREKCAFE Service and otherwise, in any form, anywhere; including (without limitation) (a) on third party sites and services that link to the TREKCAFE Service or through which TREKCAFE profiles are searchable, and (b) for promoting the TREKCAFE Service (and derivative works thereof) in any media formats and through any media channels;
  • Authorize us to adapt Your User Submissions, and so waive (or undertake that you have procured an effective waiver of) all so-called "moral" rights to object to any derogatory treatment of Your User Submissions, or to be identified as their author.
  • undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Submissions to use the name or likeness of that person to enable the inclusion and use of Your User Submissions in the TREKCAFE Service, and the exploitation by us of Your User Submissions in the manner contemplated by this Agreement; and



You also hereby grant each user of the TREKCAFE Service a non-exclusive license to access Your User Submissions through the TREKCAFE Service, and to use, reproduce, distribute, prepare derivative works of, display and perform Your User Submissions.

Your User Submissions include the Content of your TREKCAFE Service profile.

9. TREKCAFE's Role

You acknowledge that we are not and cannot be responsible for the behavior of or material contributed by Members - whether on the TREKCAFE Service (such as by way of User Submissions) or outside of it. We only provide a venue where the TREKCAFE Service may be accessed. In particular, you should be aware that TREKCAFE does not generally pre-screen or monitor the material contributed by Members (such as User Submissions).

8. Privacy Policy

Privacy is important to TrekCafe.com. All information gathered from you in connection with the use of TrekCafe.com is governed by the provisions of the TrekCafe.com Privacy Policy. You acknowledge that you have read and agree to the TrekCafe.com Privacy Policy, the terms of which are incorporated herein. You consent to the use of your personal information in accordance with and for the purposes outlined in the TrekCafe.com Privacy Policy.

9. Advertisements and Links

TrekCafe.com, as well as third party ad servers, may provide advertisements and/or links to other websites operated by third parties. The inclusion of these advertisements and/or links on the Website should in no way be construed to be an endorsement by TrekCafe.com of the advertising content, product or service of these third parties. TrekCafe.com has no control over such advertisements or websites. TrekCafe.com is neither responsible for the content of those third party sites nor your dealings with them. You agree that TrekCafe.com does not endorse those advertisements and/or websites, is not responsible for their availability or their accuracy or for their content, advertising, products, services or other resources. Your further agree that TrekCafe.com will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with the use of or reliance on such content, advertising products, services, or other resources made available by such advertisements or websites.

10. Operation of the TREKCAFE Services

TREKCAFE reserves the right to withdraw or modify one or more aspects of the TREKCAFE Service where we have serious legal or technical reasons to do so (including technical difficulties experienced by TrekCafe or on the Internet). There may be times when the TREKCAFE Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the TREKCAFE Service.

11. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the TREKCAFE Service (including Your User Submissions), nor any activity or communication you make in connection with any TREKCAFE Service, will be capable of:

  • breaching any applicable law, whether criminal, tortuous or otherwise;
  • infringing the intellectual property or other rights of any person or entity;
  • Appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

12. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the TREKCAFE Service, whether this is based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the TREKCAFE Service into disrepute. However, you acknowledge that we do not monitor material which appears on the TREKCAFE Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the TREKCAFE Service. You agree that upon termination or suspension of your access to the TREKCAFE Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your TREKCAFE Service account and/or bar any further access to such files or the TREKCAFE Service.

13. Misuse of the TREKCAFE Service

We reserve the right (a) to suspend or terminate any Member's access to the TREKCAFE Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the TREKCAFE Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the TREKCAFE Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the TREKCAFE Service while your Membership account is logged on to the TREKCAFE Service, or through your email address.

14. Disclaimer and Release

TREKCAFE has no control over, or responsibility for, the truth or accuracy of any material available on the TREKCAFE Service, whether provided by Members (such as User Submissions) or others.

  • If any third party site is linked to, or from, the TREKCAFE Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
  • You should exercise no lesser degree of caution in appraising what you see on the TREKCAFE Service than you do offline.
  • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
  • Your use of the TREKCAFE Service is entirely at your own risk.



Accordingly, to the extent that the law permits, you release TREKCAFE, its directors, contractors and employees, from all liability arising out of or in connection with the TREKCAFE Service and the material included here by Members (including User Submissions) and other third parties.

15. Excluded Loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). TrekCafe Internet Ltd. will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

16. Maximum Liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of TrekCafe Ltd. under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of:

  • The annual Premium Membership fee payable at the time liability arises; or
  • An amount equal to the sums actually paid by you to us by way of Premium or VIP Membership fees during the twelve month period prior to the date when liability arises,

regardless of the cause or form of action.

18. Indemnity

You agree to defend, indemnify and hold harmless TREKCAFE against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of the TREKCAFE Service or through a device on which you access the TREKCAFE Service. This obligation will survive your use of the TREKCAFE Service.

19. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of TrekCafe Ltd assign or dispose of this Agreement.

20. Entire Agreement

This Agreement includes our Privacy Policy; together they are together intended to contain the whole of the agreement between us and you concerning the TREKCAFE Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts laws to rely upon or enforce any term of this Agreement.

21. Changes to this Agreement

TrekCafe reserves the right to change this Agreement from time to time, and post the new version on the TREKCAFE Service. When we do so, the new version of these terms and conditions will govern the TREKCAFE Service:

  • Commencing 5 days after the date of posting (or such later date as TrekCafe indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the TREKCAFE Service; or
  • Immediately upon the date of posting (or such later date as TrekCafe indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of TREKCAFE's addresses or email addresses referred to in this Agreement.

22. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

23. Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Israel. The TREKCAFE Service is controlled and offered by TREKCAFE from its facilities in the Israel. TREKCAFE makes no representations that the TREKCAFE Service is appropriate or available for use in other locations. Those who access or use the TREKCAFE Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.

24. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TREKCAFE's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

25. Contact

You can contact us by emailing support@TrekCafe.com.

1 Subject to fair personal use